The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-04-19


criminat,on, 1t would then be proper for the
commission to entertain the question whether
such conduct was not in violation of the
law. and II SO, whether it or was not
Witnin the exception stated within
Section % Complaints NAV also.
te presented if the charges made BY the carriers
are not considered reasonable and just But un-
til questions of this kind come before us in the
way clearly indicated by the statute, il would
be worse than useless for us to express opinions
or give advice. We should not only lay our
selves justly open to the charge of assuming
unwarranted authority, but should also run
great risk of involving ali concerned in what the
courts might afterward hold to be breaches Of
the law, by hasty and il-consicered conclusions,
based upon ex parte statements and arguments.
Although it might be desirable, or at least con-
venient in respect to any piece of new legisla-
ton, to have a tribunal established to which in
quirers might apply for instructions and advice
respecting the meaning of the law and its appi
cation to suggested circumstances and condi-
tions, q moments reflection will show that no
such tribunal could be properly erected.
Congress has not taken the management Of
the railroads out of the hands of the railroad
companies. II has simply established certain
general principles under which interstate-com-
merce must be conducted. 1t has enacted in
Section l, that all charges for interstate trans
portation shall be reasonable and just;' has
prohibited. in Sec. 2. all manner of unjust dis
examinations; has forbidden, in Sec. 3, all undue
and unreasonable preferences and advantages;
has required, in the same section, reasonable
and equal facilities for the interchange OF
traffic. and has prohibited, in Sec g. the pool
ing of freights That, in substance. is the in
terstate-commerce law. There is nothing novel
in these provisions. They simply bring back
the business of the common carriers 10 the we'll
settled principles of the common law. Yet. no
one can deny that there was urgent need OF their
statutory formulation. Alleged difficulties in
putting them In operation only disclose exam
pies of the extent to which they have been vio-
lated in the past.
These sections Of the act are expressed in
plain words. A construction must be given to
them, in the first instance, by the carriers and
their patrons When a course of conduct has
been adopted of which complaint is made that it
violates the law. the decision of the question
will rest with the courts or with the commission,
as the complaining party may elect. This is the
orderly method in which all legislation is admin
istered and applied, and the statute in question
presents exception.
"One more suggestion may properly be added:
1t appears from the numerous petitions that
have been laid before US for preliminary advice,
many OF them obviously upon the suggestion, IL
not by the procurement of the carriers them
selves, that common comment on the law, by the
carriers and those who have heretofore enjoyed
special favors at their hands, describes the
system of penalties which the law provides as
extreme and the risks imposed upon unnten-
tional and unwilling violators of its provisions
as enormous. Such comment seems TO
neither fair nor just. 1t is true that Section
provides that for violation of the law, and
for failure to do an act which the law requires,
the offending carrier shall be liable to the in-
jured party for the actual damages sustained
together with a reasonable counsel or attorneys
fee, to be fixed by the court, and collected with
the costs in the case It is also true that Sec
upon common carriers and their officers, agents
and servants who willfuly Go or cause to be done,
or willingly suffer permit to be done, any
prohibited act, etc., upon which conviction may
ho had in a dicf rYafa ~ nf hn 1nyfa Sfofa
The civil remedy described In Section 8 adds
attorneys fee to the existing common law right
of any injured part recover the full amount
of his damages. .Iriou OF affairs which
cannot greatly alarm corporations disposed to
fair dealing: while the criminal remedy gwen in
Section 10 obviously pertains to intentional vio-
lators of the law, and is. In these cases, to he
graduated by the &C cording to the enor-
nifty of the offense Ja faith, exhibited in
an honest effort to- out the requirements
of the law, will inv reasonable end fair
minded officials In no danger of damages or
fines The elasticity of the statute in their
favor is noticeable. The unjust discrimination
of Section 2 must be in a like and contempora-
neous service, Tin she transportation of like
kind of traffic, under substantially similar cir
cumstanccs and conditions The preference or
advantage of Section must be undue un-
reasonable Throughou. the act, it now
stands, in confessedy experimental form. there
is exhibited an obvious and generous purpose
to allow to the corporations ample scope IN the
cO0QuCC business
for the people. and fair consideration of every
reasonable claim, while insisting upon just iui-
partial, open and consistent rates of charge, TO
which every citizen shall be subject alike,
whose situation is the same. Surely
the people could not ask for less
The language and the tenor of the act wholly
fail to justify railroad managers, if any such
there be, who refuse to accept responsibilities
decline to offer rates, neglect to announce con-
citions Of traffic, mbarrass the customary in
chon nf h.Iot md 1vnn at I'M
Upon trade, while they stick In the bark of the
| phrases and expressions of the law, inventing
| doubts and imagining dangers. It Is still more
unjustfabe for railroad companies to make use
| of the general clauses of the law, ignoring its
modifying and enlarging words and formulas, ia
| order to impose additional burdens upon locali-
| ties, trades, professions. manufacturers, con-
sumerS, classes OF travellers or employees. strain
| of the corporate treasury. and quoting the new
law their authority for all manner OF petty ex-
| actions. The powers of the commission are
| entirely adequate to cope with such conduct,
| the existence of which is not affirmed, although
| it has been somewhat publicly suggested. The
same statute which enacts that charges for like
| service shall bs uniform to ALL also provides that
| charges in every case, and for every kind and
| class of service, shall be- reasonable and just.
| AS the law is practically applied, it is said &C
| contain many elements of advantage to the
| economical and profitable management of the
| business of the carriers, which they have moi
| been slow to apprehend and take the benefit OF.
1.-The commission ventures to express the hope
| that with this explanation respecting the murua
| functions of the carriers ana the commissioner!
| In carrying the law into effect according 10 it!
| true intent and meaning, there will be no lacl
| of good faith and active cooperation in continu
ing the normal activity of every kind of reputa
| BILE industry and traffic throughout the land
under favorable, fair and reasonable terms, con
ceding frankly to the people all the rights, bene
fits. advantages and equal privileges which the
act to regulate commerce was intended to Sc
| cure"
| The Commission then gives at length its reply
to Decatur Axtell, receiver of the Richmond 6
Allegheny railroad. which. it says, is sampl'
| Of many Of the same sort Mr.. Axtell is in
| formed that his petition for relief is deficient
not being verified, and failing to set forth tn
state of facts which relief is claimed witt
sufficient clearness. The reply proceeds: 9Th
law under which we are acting lays down a gen
| eral rule which is presumptively just and whicl
| must be applied in all cases unless facts ar
shown which make particular cas-
clearly exceptional. These should b
sented for relief and the commission, befor
it can grant the relief, must satisfy itself. ol
investigation. that the facts as stated an
| law oppressive to extent that warrants an ex
| We do not think you make such a case of you
petition. It's statements are very brief Ant
general, and are quite much expressions O
opinion as statements of fact. The prayer 0
the petition is also too broad. You ask that tn
%tr,~.n nf ha lad ~